The Labour Court has issued an important outcome for Freshway workers in a case taken by SIPTU under the new legislation. On the question of evidencing union membership Joe O’Flynn, General Secretary of SIPTU, swore an affidavit in advance of the hearing to the effect that 63 of 170 workers were union members. The Court viewed this, 37%, as ‘not insignificant’ and passing the first barrier. The Company argued that they collectively bargain with an internal staff consultation committee but the Court found that it wasn’t an excepted body and that the practice was not collective bargaining as defined by […]

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"I have reflected on the evidence and on the balance of probability, having looked at the whole picture of the work situation, I have decided that there was a mutuality of obligation and that this was in effect a contract of service and so it was an employer / employee relationship.
Therefore, I have decided that I have jurisdiction to adjudicate on the claims presented to the Commission"